Lawmakers Act Against ‘Mimic Menthols’

The California legislature has passed two bills to strengthen enforcement of the state’s law ending the sale of flavored tobacco products. The legislation must still be signed into law by Governor Gavin Newsom.

On Jan. 1, 2023, California implemented one of the strongest laws  in the United States prohibiting the sale of flavored tobacco products, including flavored e-cigarettes and menthol cigarettes. In response, tobacco companies have developed alternative products that provide a similar cooling sensation with a less pronounced flavor. While tobacco companies insisted the such “mimic menthols” complied with state law, critics said they were designed to circumvent California’s rules.

One of the new bills (AB 3218) requires the state Attorney General to establish and maintain a list of unflavored tobacco products, putting the onus on the tobacco industry to demonstrate that a product does not have a flavor and can be legally sold in California. The bill also updates the definition of a prohibited “characterizing flavor” to include products that impart a menthol-like cooling sensation, thereby making it illegal to sell tobacco companies’ menthol-like cigarettes.

The second bill (SB 1230) authorizes the California Department of Tax and Fee Administration to seize illegal, flavored tobacco products discovered during routine tobacco tax inspections.

Anti-tobacco activists advocates welcomed the move. “We applaud the California leaders who have championed these bills,” said Yolonda C. Richardson, president and CEO of the Campaign for Tobacco-Free Kids, in a statement. “They are ensuring that California’s law works as intended to protect kids from tobacco addiction, advance health equity and save lives.”